Carl Griggs v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2020
Docket3D20-0247
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 26, 2020.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-0247
Lower Tribunal No. 02-32927B
________________
Carl Griggs,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction โ Habeas Corpus.
Carl Griggs, in proper person.
Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney
General, for respondent.
Before SCALES, MILLER, and GORDO, JJ.
PER CURIAM.
Denied. See State v. McBride, 848 So. 2d 287, 291 (Fla. 2003) (โAlthough
collateral estoppel generally precludes relitigation of an issue in a subsequent but
separate cause of action, its intent, which is to prevent parties from rearguing the
same issues that have been decided between them, applies in the postconviction
context.โ); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992) (โHabeas corpus is
not a second appeal and cannot be used to litigate or relitigate issues which could
have been, should have been, or were raised on direct appeal.โ) (citing Porter v.
Dugger, 559 So. 2d 201 (Fla. 1990); Clark v. Dugger, 559 So. 2d 192 (Fla. 1990));
see also Griggs v. State, 249 So. 3d 632 (Fla. 3d DCA 2018); Griggs v. State, 228
So. 3d 566 (Fla. 3d DCA 2017); Griggs v. State, 222 So. 3d 1219 (Fla. 3d DCA
2017); Griggs v. State, 187 So. 3d 1249 (Fla. 3d DCA 2016); Griggs v. State, 166
So. 3d 789 (Fla. 3d DCA 2015); Griggs v. State, 150 So. 3d 1154 (Fla. 3d DCA
2014); Griggs v. State, 109 So. 3d 1165 (Fla. 3d DCA 2013); Griggs v. State, 103
So. 3d 166 (Fla. 3d DCA 2012); Griggs v. State, 73 So. 3d 773 (Fla. 3d DCA 2011);
Griggs v. State, 60 So. 3d 495 (Fla. 3d DCA 2011); Griggs v. State, 42 So. 3d 243
(Fla. 3d DCA 2010); Griggs v. State, 36 So. 3d 677 (Fla. 3d DCA 2010); Griggs v.
State, 72 So. 3d 760 (Fla. 3d DCA 2009).
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